Sez Travel – Seychelles DMC Terms & Conditions

Sez Travel – Seychelles DMC Booking Terms & Conditions

By booking or participating in a tour, activity, experience and any related products or services (a “Tour/ACTIVITY/Accommodation/Transportation and or Experience”) with Sez Travel – Seychelles DMC (“Sez Travel” including its suppliers, contractors, employees or agent), you (“you”) agree to these Terms & Conditions (the “Terms”).

Conditions of Carriage: If your Tour includes carriage by sea, the Conditions of Carriage available at sezholiday.com/booking-terms-conditions also apply to your Tour, are expressly incorporated into these Terms and form part of your booking contract with the Sez Travel.

By booking a product you acknowledge that you have read, understand and agree to be bound by these Terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.

1. THE BOOKING CONTRACT

Your booking is confirmed, and a contract exists when Sez Travel issues a written confirmation after a booking and or receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to us or our authorised agent immediately. Please ensure that names are exactly as stated in the relevant passport.

You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Sez Travel.

2. BOOKING ON BEHALF OF OTHERS

Bookings on behalf of other participants are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying Sez Travel or your travel agent if any changes or cancellations are required and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Sez Travel will under no circumstances be liable for any errors or omissions.

3. REQUIRED MEDICAL INFORMATION

If you have any pre-existing medical conditions which may impact your ability to travel, participate in an activity, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must inform Sez Travel or your Agent prior to the time of finalising payment for such products. You are responsible and liable for the decisions made on your behalf and that of others you book any products for. Sez Travel will not be held liable for any such decision.

You are responsible for assessing whether an activity is suitable for you or the person (s) you are booking for. You or the person (s) you represent should consult a physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.

Sez Travel reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of the activity.

Sez Travel reserves the right to deny you permission to travel or participate in any aspect of a tour or product at any time and at your own risk and expense where the Sez Travel determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.

Pregnancy is considered a medical condition and must be disclosed to the Sez Travel at the time of booking. Sez Travel may refuse to carry pregnant women over 16 weeks. Sez Travel may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.

In the event that you do not provide medical information reasonably required by Sez Travel for any reason by the deadline indicated above, the Sez Travel reserves the right to cancel your booking and all applicable cancellation fees will apply.

Travelling with Sez Travel may involve visiting remote or developing regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The condition of medical facilities in the places you may visit on a Tour varies and Sez Travel makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those areas.

4. SPECIAL REQUIREMENTS

Any special requirements must be disclosed to the Sez Travel or its agent at the time of booking. Sez Travel will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions and or special conditions must be disclosed to Sez Travel at the time of booking but Sez Travel cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and Sez Travel and Sez Travel is not liable for any failure to accommodate or fulfil such requests.

5. AGE REQUIREMENTS

Anyone under the age of 18 on the date of first travel is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to two minors. Unless otherwise indicated in the activity description or by the Sez Travel, the minimum age for minors travelling on some activities is 2 years old. Age specific information will be provided to you also at the time of booking. All bookings with a minor are subject to review and approval by Sez Travel. If the consent of a parent, guardian or any other person is required by applicable law (s) for any minor to travel, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into and depart from applicable countries and regions. Sez Travel will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, inappropriate supervision and approvals.

Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behaviour, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Sez Travel does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).

6. MANDATORY INSURANCE REQUIREMENTS

EACH PERSON MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF Euro 250,000 covering all applicable dates of travel with the Sez Travel. This insurance must cover personal injury and emergency medical expenses. From time to time, a representative of Sez Travel will verify that you have sufficient insurance in place. It is your responsibility to ensure you have adequate insurance coverage whilst on holidays. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while travelling. You acknowledge that insurance coverage is not included in the cost of any activity offered by the Sez Travel or its agent and you are required to obtain separate coverage at an additional cost. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.

7. PRICES, SURCHARGES AND TAXES

The published price of the activity and any products or services offered by the Sez Travel is subject to change at any time, before or after booking confirmation, up to 30 days before departure. Some products are priced and advertised exclusive of applicable sales taxes. After a confirmation invoice has been issued by Sez Travel, Sez Travel reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at sites, ports and airport charges, local operator costs, currency and exchange fluctuations, increases in taxes, or government action which impacts the price of the applicable products or services; provided however, Sez Travel will only do so where the increase in question is greater than 3% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section Sez Travel and or its agent will provide notice to you as soon as reasonably practicable.

Where the increase in price is greater than 10% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either:

(a) cancel the applicable booking without incurring any penalty; or

(b) accept the change of price.

You must notify the Sez Travel of your choice within 48 hours of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.

From time-to-time the Sez Travel may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by the Sez Travel are not entitled to reduction in pricing.

8. VALIDITY

All dates, itineraries and prices of activities are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.

You acknowledge that you are responsible for keeping up to date on the specific details of your activity and any other products or services, including, but not limited to checking Sez Travel’s website at least 24 hours prior to departure as minor changes may have been made after the time of booking.

9. DEPOSITS

At the time of booking, a non-refundable deposit of 30% of the product fee is applicable, per person per activity is due to the Sez Travel. If the booking is made 30 days or less prior to implementation, full payment is due at the time of booking. The non-refundable deposit should be sent to Sez Travel, the Contractor Operator or authorized agent, as applicable.

Certain products of services from the Sez Travel, including bookings of aerial trips, romantic escapades, private charters, fishing trips, hotel accommodation, weddings and others may require you to provide a higher deposit or to make full payment at the time of booking. The Sez Travel will advise you of any such requirements prior to confirmation of the applicable booking.

10. DETAILS REQUIRED FOR BOOKING

To make a booking you must provide the information requested by Sez Travel, Contractor Operator and or our Agent along with all required payments. If you fail to provide all required information prior to the date on which full payment is due, an administrative fee will be charged for any costs incurred by us as a result of your failure to provide the required information. If you fail to supply information required by the Sez Travel, its Agent or Contract Operator for accommodation, air or boat tickets, permits, or other inclusions, you will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that you fail to supply information required by us, we also reserves the right to treat your booking (or the relevant component of your booking) as cancelled and levy any cancellation fees deemed reasonable by us and or our agent, in our sole discretion. The information required by us will vary based on product or services and will be communicated to you or our authorized agent during the booking process. Sez Travel or our agent, Contract Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

11. AIRFARE

Activity prices do not include international or other airfare unless expressly mentioned in the activity’s descriptions. Sez Travel or its agent, Contractor Operator will quote the best price available for the travel dates requested at the time the quote is prepared. Quotes provide an estimate only and are not a firm price commitment by us, our agent and or the applicable air carrier(s).

Sez Travel, its agent or Contractor Operator acts only as a sales agent for the applicable air carrier and the air carrier terms and conditions apply to the purchase and use of the air travel ticket. Please consult the air carrier’s applicable terms and conditions and conditions of carriage for complete information including applicable cancellation terms. Sez Travel its agent or Contract Operator is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays.

12. FINAL PAYMENT & ACCEPTANCE OF BOOKING

The confirmation sent by Sez Travel or your travel agent will contain details of final payment required for any booking. Payment of the balance of the price for any products or services booked is due as per the invoice sent or 30 days before the departure or use date of the first product or service included in the applicable booking. If full payment is not received by the applicable due date, Sez Travel may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 30 days before the departure or implementation date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If, for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior or at the time of booking and will also be detailed on the applicable invoice.

Sez Travel is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to Sez Travel.

13. CANCELLATION BY THE PARTICIPANT

You may cancel your booking by notifying Sez Travel and or agent in writing. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Sez Travel and are expressed as a percentage of the total price paid for the cancelled activity, product or service. Cancellation of an Activity, Tour, Car hire and Transportation

(a) Cancellation of product or service in relevant booking: A Deposit will be held by the Sez Travel in accordance with these Terms, the remainder of the payments made to the Sez Travel in respect of the cancelled product will be refunded.

(b) Cancellation 30 days before departure of activity, tour or similar service in relevant booking: The deposit will be held by the Sez Travel in accordance with these Terms, an amount equal to 70 % of the remainder of the payments made to the Sez Travel in respect of the cancelled Tour will be refunded.

(c) Cancellation of 12 hours or less before departure of a tour, activity or similar service in relevant booking: a fee of 50% of the product and or service will be charged

For certain products of services Sez Travel, including bookings on or related to accommodation, aerial tours, weddings and others alternative cancellation terms may apply. Sez Travel will advise you of any such requirements at the time of confirmation of the applicable booking.

Some Providers /suppliers have their own cancellation policies as well as terms and conditions. The onus is on you to review such terms and conditions to ensure you comply with these. It is important that you read all the fine print in all documents issued as a result of your bookings to avoid any misunderstanding.

Cancellation of Accommodation, aerial tours, honey moon packages or dynamic packages that are inclusive of accommodation booked with Sez Travel and or its agents, the following conditions shall apply.

Written cancellations should be sent to Sez Travel in advance and cancellation charges shall apply as per below:

(a) Cancellations 70 days prior to arrival 50% of full stay

(b) Cancellations 40 days prior to arrival 100 % of full stay

(c) No show full payment is due to Sez Travel

(d) Name changes is considered a cancellation and a fee shall apply as per the lodging/hotel cancellation policy

(e) No name or date change will be accepted up to 70 days prior to arrival

It is your responsibility to visit the lodging ‘s or hotel’s website to obtain up to date Cancellation policy and associated terms and conditions or email admin@sezholiday.com to obtain a copy of any updates.

14. GUARANTEED DEPARTURES & CANCELLATION OF AN ACTIVITY BY THE SEZ TRAVEL & OR ITS SUPPLIERS

A departure date for an activity or service offered by Sez Travel will become a guaranteed booking when at least one booking secured by a valid deposit has been made on that departure as per the terms and conditions laid.

The Sez Travel guarantees that all scheduled activity departures booked and secured and paid in full as outlined above will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Activity and itinerary information is available on Sez Travel’s website or by contacting the Sez Travel. Brochures and other printed materials displaying Activity information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.

If an activity is cancelled by Sez Travel before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Sez Travel:

(a) a substitute activity of equivalent or superior value; or

(b) a substitute activity of lesser value if no activity of equivalent or superior value is reasonably available and to recover from Sez Travel the difference in price between the price of the activity originally purchased and the substitute activity; or

(c) a full refund of monies paid for the cancelled activity.

Sez Travel is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, Sez Travel reserves the right to issue a full refund in lieu of the choices above, at its sole discretion. Where a significant element of an activity as described cannot be provided after departure, Sez Travel will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Sez Travel may provide you with a refund for unused products or services as determined at its discretion.

15. TRAVEL DOCUMENTS

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to anywhere. This includes a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. You must have a passport that is valid 6 months after the last date of travel. You accept full responsibility for obtaining all such documents, visas and permits prior to the start of the activity, and you are solely responsible for the full amount of costs incurred as a result of missing or defective documentation. You agree that you are responsible for the full amount of any loss or expense incurred by Sez Travel that is a direct result of your failure to secure or be in possession of proper travel documentation. Sez Travel does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that Sez Travel is not responsible for any errors or omissions in this information.

16. FLEXIBILITY & UNUSED SERVICES

You acknowledge that the nature of adventure travel requires flexibility and accept that they will permit reasonable alterations to products, services or itineraries by Sez Travel. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Sez Travel (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events, weather and entry or other difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of Sez Travel, including your removal from an activity because of your negligence or breach of these Terms.

17. CHANGES

Changes made by Sez Travel: Sez Travel and or its suppliers may modify your itinerary where reasonably required in its sole discretion. If the Sez Travel makes a change affecting at least one in three full days of the itinerary or which materially affects the character of a product or service in its entirety (a “Material Change”), the Sez Travel will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 3 days before departure, you may choose to:

i) accept the Material Change and proceed with the amended product or service;

ii) book another product or service of equal or greater value, if available (you will be responsible for paying any difference in price); or

iii) book another product or service of lesser value, if available (with a refund payable to you for the difference in price); or

iv) cancel the amended product or service and receive a full refund for portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).

You must notify Sez Travel of your choice within 48 hours of receiving notice or you will be deemed to have accepted the amended itinerary.

Once a Tour has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Sez Travel. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with Sez Travel, whether or not such expenses arise from a change of itinerary, and Sez Travel is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Sez Travel will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary. It is important to ensure you are insured for such likelihood.

Changes made by you: You are responsible to guarantee that information provided to Sez Travel is accurate and up-to-date. Any changes to your name on any booking are subject to Sez Travel’s approval. Any changes to a booking depend on availability and are subject to the Sez Travel’s approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Tour, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are allowed to any booked tours and or activity within 14 days of departure of the first product or service on the applicable booking. For changes relating to accommodation services please see section 13 and specific hotel/lodging cancellation policy applies. It is your responsibility to ensure you read the terms and conditions of the hotel/lodging by visiting their website for updates or by emailing admin@sezholiday.com to request any updates.

18. ACCEPTANCE OF RISK

You acknowledge that adventures travel and the products and services offered by t Sez Travel may involve a significant amount of risk to your health and safety. By travelling with Sez Travel you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Sez Travel from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting any destinations, and participating in adventurous activities such as those included in activity itineraries or otherwise offered by the Sez Travel.

You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain places and or locations where activities take place are often lower than the standards you may reasonably expect in your home country or area. You agree that Sez Travel is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where an activity, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.

You must at all times strictly comply with all applicable laws, rules and regulations of all countries and locations. Should you fail to comply with the above or commit any illegal act when on activity or, if in the opinion of Sez Travel (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, Sez Travel may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Sez Travel’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and other incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Sez Travel or Sez Travel’s suppliers for property damage, destruction or theft caused by you while on an activity. You agree to immediately report any pre-existing damage to a representative of Sez Travel and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings including but not limited health and safety. Neither Sez Travel nor its Third Party Suppliers are liable for loss or damages caused by your failure to comply with instructions or warnings.

You agree to bring any complaints to Sez Travel as soon as possible in order to provide Sez Travel with the opportunity to properly address such complaint. You agree to inform your activity leader, Contractor, agent and or other representative of Sez Travel or Sez Travel’s customer service department directly. Sez Travel assumes no liability for complaints that are not properly brought to the attention of Sez Travel or its representative and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Tour must be received in writing by Sez Travel within 14 days of the last day of the booking in question.

19. THE SEZ TRAVEL IS NOT LIABLE FOR THIRD PARTY SUPPLIERS

Sez Travel makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, car hirers, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Sez Travel takes all reasonable care in selecting Third Party Suppliers, Sez Travel is unable to control Third Party Suppliers, does not supervise Third Party suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers, local and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Sez Travel does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

SEZ TRAVEL WILL NOT BE HELD LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN SEZ TRAVEL AND ITS EMPLOYEES.

Sez Travel is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.

20. OPTIONAL EXTRAS

“Optional Extras” refers to any activity, meal, transportation, product or service not expressly included in the Tour itinerary or price of the activity and do not form part of the excursion. You agree that any assistance given by Sez Travel’s representative(s) in arranging, selecting, or booking, any Optional extras is purely at your request and Sez Travel makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of Sez Travel regarding any Optional Extras. You release Sez Travel from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.

You acknowledge and agree that any liability for loss, damages, death,personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.

21. LIABILITY

Sez Travel and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Sez Travel for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of Sez Travel or of the Third Party Suppliers of any services which form part of the booking contract then Sez Travel limits its liability, where applicable by all applicable local laws of the Seychelles. Our policy presumes that luggage has been delivered undamaged to the Guest unless written notice is given to Sez Travel and/or the Carrier:

(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or

(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

Any damage payable by Sez Travel up to reasonable limits will be reduced in proportion to any contributory negligence by you and by the maximum deductible specified under the local laws.

In so far as Sez Travel may be liable to you in respect of claims arising out of carriage by sea, Sez Travel is entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carrier and under the relevant laws, and nothing in these Terms will be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. Sez Travel’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and applicable legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which Sez Travel may incur, whether under the contract with you in accordance with these Terms or otherwise, will always be subject to the limits of liability contained in the Seychelles legislation for death or personal injury.

Notwithstanding anything to the contrary elsewhere in these Terms, Sez Travel will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.

For claims not involving personal injury, death or illness or which are not subject to the legislation referred to above, any liability Sez Travel may incur for the negligent acts or omissions of its suppliers will be limited to a maximum of the price which you paid for the applicable activity, not including insurance premiums and administration charges. Where this relates to loss or damage to luggage and other personal possessions then Sez Travel liability will not exceed SCR1500. The Sez Travel will not at any time be liable for any loss of or damage to valuables of any nature. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against Sez Travel and its suppliers, contractors or other third parties.

22. FORCE MAJEURE

Sez Travel will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirectly incurred, or for Sez Travel failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labour difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Sez Travel; or an event which Sez Travel or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

23. IMAGES AND MARKETING

You agree that, while participating in any activity, images, photos or videos may be taken by other participants, Sez Travel or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Sez Travel, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

24. PRIVACY POLICY

Sez Travel must collect your personal information to deliver the activity and any products or services booked. Sez Travel collects, uses and discloses only information that is reasonably required to enable Sez Travel and its Third Party Suppliers to provide the particular activity, products and/or services that you have requested as described in Sez Travel’s Privacy Policy, which can be accessed any time at https://sezholiday.com and is expressly incorporated into these Terms. By submitting any personal information to Sez Travel, you guarantee your acceptance of Sez Travel’s Privacy Policy.

25. SEVERABILITY

If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.

26. CONTRACT PARTIES & SUCCESSORS

These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.

27. APPLICABLE LAW

The Contract and these Terms are subject to the laws of Seychelles and you submit to the exclusive jurisdiction of the courts located in Seychelles for the resolution of any dispute under these Terms or concerning any activity, product or service.

28. AMENDMENTS

Sez Travel reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Sez Travel’s website at sezholiday.com/terms-conditions/. Any amendment will take effect 3 days after being posted to the Sez Travel’s website. An up to date copy of these Terms, as amended, may be accessed at any time on Sez Travel’s website and will be sent to you upon written request to Sez Travel. You are deemed to have accepted any amendments to these Terms on the date that is 3 days after their posting on Sez Travel’s website. Sez Travel recommends that you refer to the Terms prior to travel to familiarise yourselves with the most up-to-date version available.

29. CLIENT CERTIFICATION

By booking or travelling on a Tour, you certify that you do not have any mental, physical, or other condition that would create a hazard for yourself or other participants. Sez Travel and its Third Party Suppliers/employees and agents reserve the right in their sole discretion to accept, decline or remove any person on a Tour. Sez Travel and its suppliers reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgement, they deem it necessary for your comfort, convenience, or safety and in accordance with these Terms.

SEZ TRAVEL, ITS PARENTS, SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES, AFFILIATES, OFFICERS DIRECTORS, SUCCESSORS, REPRESENTATIVE AND ASSIGNES (COLLECTIVELY DEFINED AS “BLYSS CONSULTING INC PTY LTD”) ARE NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY.

Sez Travel, its parents, subsidiaries, employees affiliates, directors, successors, representative and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Sez Travel for any such loss, damage, injury, or death. Thus by booking with SEZ Travel and any of its affiliates you deem to have accepted the terms and conditions herein.